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Trust Purchases...
The Tribal Land Acquisition Technician processes trust land
purchases and exchanges, trust-to-fee transactions and gift
deeds. All transactions require the following:
- Technician obtains a Title Status Report (TSR) and an
inventory of trust land ownership.
- Client submits Application for Sale of Trust Land and
Notice of Waiver. (Waiver applies to Cobell v. Norton
pending lawsuit.)
For Land Purchases and Exchanges:
- The Technician prepares an issue paper for
the Tribal Council to review and decide whether or not
they are interested in purchasing or exchanging the
property.
- If the Council shows interest in purchasing or
exchanging trust property, the Technician orders a
survey, if needed, and an appraisal(s) from the staff
appraiser. (Please note: There is a limited budget for
surveys that are contracted out to licensed surveyors.
Because there is a lengthy list for staff appraisal
services, the Tribal Council prioritizes the list. Once
completed, appraisals must also be approved by the
Northwest Regional Office.
- After the approved appraisal is received by the
Acquisition Technician, the owner is advised of the Fair
Market Value determined by the appraisal. The owner then
informs the Technician of his or her asking price.
- Lands Department staff then present the proposal,
with the asking price, to the Tribal Council.
- If Council agrees to purchase at that price, the
deeds and resolutions are processed, and a closing is
completed.
For Trust to Fee, the process differs at Step 4. If
the Tribal Council is not interested in purchasing the
property, the Technician prepares a Letter of
Disinterest from the Tribes, and processes the paperwork
for a Fee Patent on the property.
Gift Deeds are a conveyance or transfer of property
without any compensation. These are similar to the
Family Transfer process on non-Tribal lands where an
individual can transfer a piece of property to a family
member without going through the subdivision review
process. Only brothers, sisters, aunts, uncles, parents,
children and/or grandparents may receive a gift deed.
For Gift Deeds, the process differs at Step 3:
- An Appraisal is ordered, OR the client
may waive the appraisal.
- A Survey is ordered, if needed.
- The Deeds are prepared.
- Documents are recorded in the Title Plant.
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